Understanding the Crime of Torture in California

Accidents happen, and everybody knows that. But what about cases where somebody intentionally inflicts great bodily injury onto somebody else? What if that pain is greater than minor or moderate harm and the defendant committed the injury with a sadistic purpose in mind? The defendant may have committed a crime of torture, which carries very serious penalties. This is covered under California Penal Code 206 and is taken very seriously in the eyes of the law.

With the crime of torture in California, oddly enough, a victim does not actually have to experience any type of pain. Somebody can feel torture without being injured. However, many of these crimes will include injuries of some kind. For instance, what if a drug dealer goes to a man’s house and breaks his arm because he owes him money? What if he then threatens him with death if he does not pay? You may see torture occur in many revenge cases where a plaintiff ends up fearing for their life in one way or another. Torture is taken very seriously in the eyes of the law, which is why the penalties are so severe. If you have been accused of this crime, you should expect to face a life sentence in California and a fine of up to $10,000.

Defenses

If you have been accused of this serious crime, this is not the end of the line for you. Perhaps the situation did not happen like others are telling it, which means that you may not be found guilty. For this, you will need to hire a defense attorney on your side who can help you every step of the way. Some of the reasons why you may have a defense could be because you did not intent to cause the plaintiff harm, you acted in self-defense, or you were falsely accused of the crime. For you to be charged with torture, the prosecutor must be able to establish criminal intent. More specifically, the defendant must have caused very cruel, unusual, and extreme pain to the plaintiff. These statutes most often focus on the mindset of the defendant at the time of the event. Did they intend to cause serious harm? Were threats made? Then there may be a case.

So, let’s think about another scenario. Let’s say that a man breaks into a woman’s house intending to cause her pain. However, instead of coming in and hitting her right off the bat, he accidentally knocks her unconscious. While she is passed out, he beats her repeatedly and slashes her with a knife. He could still be charged with the crime of torture even though she was unconscious for most of the attack. How? He intended to cause her harm.

You are guilty of the crime of torture if you have inflicted pain for revenge, extortion, persuasion, and another sadistic purpose. If you believe you have a case because you were accused of this serious crime, give us a call today. We will help you from start to finish so that you can prove yourself and what actually happened regarding your crime. Call us today at The Law Office of Peter Blair.